The goal setting in law: the theoretical and methodological problems of substantive and procedural law

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Abstract

The article analyzes the actual problem of modern jurisprudence – the goal-setting of law. Goal-setting as a doctrinally grounded, systematic and practice-oriented process precedes the formulation of goals in law, participates in the procedures for their legitimization in the normative legal space and accompanies the implementation of set goals throughout legal activity, in a particular area of legal regulation of public relations. Goal-setting in law is involved in norm-setting, legal realization, including law enforcement, and acquires special importance in conditions of uncertainty, instability of law and order, a high degree of conflict and risks of international legal relations, as well as threats to national, public and personal security. The actualization of the problems of goal-setting, being relatively in demand in scientific research of theoretical and sectoral jurisprudence, is primarily due to the need to argue tactics and strategies for building modern legal policy (law policy), without specifying the target reasons for improving which, the authority and effectiveness of rulemaking and legal implementation seem insufficiently effective. The functional expediency of formulating, formalizing and following the set goals has not only praxiological, but also axiological significance from the standpoint, first of all, of observing and protecting individual (personal) and collective human and civil rights and freedoms. Goal-setting in substantive and procedural law is translated to one degree or another through the presentation of norms-goals. norms are principles, norms are tasks, but they do not have a fully rationally justified systematization, which should initiate the scientific interest. Satisfaction of the interests and needs of the individual, society and the state balanced by law as a target setting (super task) of law, in conditions of a clear and rational definition of the goals of legislation, becomes important taking into account the peculiarities of modern legal reality, as well as for the future.

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About the authors

Ravia F. Stepanenko

Kazan (Volga Region) Federal University; TISBI University of Management

Author for correspondence.
Email: stepanenkorf@yandex.ru

Doctor of Law, Professor of the Department of Theory and History of State and Law; Professor of the Department of Theory and History of State and Law

Russian Federation, Kazan; Kazan

Farida I. Khamidullina

Kazan (Volga Region) Federal University

Email: inbox7575@inbox.ru

Doctor of Law, Professor of the Department of Civil Law

Russian Federation, Kazan

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